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Supreme Court of Denmark

Transfer of undertakings – refusal of request for a preliminary ruling 
03-07-2015 

Case no. 228/2014
 

Order made on 3 July 2015


3F acting for A and others
vs.
Brande Buslinier ApS


Refusal of a request for reference of questions for a preliminary ruling to the EU Court of Justice concerning the interpretation of the Directive on Transfer of Undertakings

The issue in this case was whether a transfer of an undertaking had taken place within the meaning of the Danish Act on Transfer of Undertakings when Brande Buslinier won a contract for the operation of a bus route in a re-tender.

During the pre-trial stage before the Supreme Court, 3F, acting for A and others, requested that questions be referred for a preliminary ruling to the EU Court of Justice regarding the interpretation of Article 1(1) of the Directive on Transfer of Undertakings.

The Supreme Court refused the request, stating that there is extensive case law from the EU Court of Justice on the criteria to be applied by national courts in the assessment of whether a transfer is within the scope of the Directive on Transfer of Undertakings. According to the Supreme Court's preliminary assessment, there was no reasonable doubt as to the interpretation of the EU law applicable to this case that justified referring questions to the EU Court of Justice.

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